Implementation of Transitional Laws in Serbia 2006

Implementation of Transitional Laws in Serbia 2006• Constitutional law puts off the appointment of the Protector ofCitizens until the spring of 2007, by stating that he/she will beappointed only after the elections in Serbia.Recommendations for the Implementation of theLaw on the Protector of CitizensBased on a research regarding the implementation of the Law on theProtector of citizens, the Initiative has reached the following conclusions:• The Assembly shall appoint Ombudsman at the earliest possibletime.• Caucuses shall assume the responsibility delegated to them bySerbian citizens and take active part in putting forward proposals forthe Ombudsman to the Board.• Organizations and institutions involved in monitoring, protectionand promoting of human rights and basic liberties shall be granteda right by law to propose their Ombudsman candidates.• As opposed to the current solution that foresees a relative majorityvote as sufficient, the Ombudsman election should require anabsolute majority vote, that is, the majority of the total number ofthe members of parliament.• The Law should prescribe that it is obligatory for the Ombudsmanor certain number of his Deputies to represent different nationalminorities, as well as for females to constitute a set number of thestaff in the Ombudsman’s Office.• The stipulation of the Law stating that Ombudsman has no possibilityto monitor the work of the Assembly, President of the Republic,Government, Constitutional Court, courts and Public Prosecutorsshould be abolished.• State governing bodies should enable the Ombudsman insight intoall the data they have at their disposal, regardless the confidentialitylevel. No document should remain unavailable to the Ombudsman,with a proviso that, in extra sensitive and precisely law-definedsituations, the Ombudsman is under obligation to safeguard thedisseminated data as confidential.• The stipulation saying that all available legal means must be exhausted92